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Bid­ders, Appli­cants & Con­trac­tors

The enforce­ment of claims for dam­ages after pro­cure­ment errors

Pro­cure­ment errors by the con­tract­ing author­i­ty can give rise to con­sid­er­able claims for dam­ages — includ­ing loss of prof­it. Many bid­ders give away these claims because they are not aware of them or do not pur­sue them.

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What can be replaced

Also lost prof­it

Includ­ing the lost con­tri­bu­tion to cov­er gen­er­al busi­ness costs.

Impor­tant to know

Even with­out pri­or com­plaint

Claims for dam­ages may exist even if no review pro­ce­dure has been ini­ti­at­ed.

What we do for you

Check claim

We check whether there has been a pro­cure­ment error and whether this gives rise to a claim for dam­ages.

Enforce your claim

We request the client to replace the goods in a stan­dard­ized man­ner and in com­pli­ance with all dead­lines.

Receiv­ables man­age­ment

We help you to sys­tem­at­i­cal­ly inte­grate pub­lic pro­cure­ment lia­bil­i­ty claims into your receiv­ables man­age­ment.

What does com­pen­sa­tion for dam­ages have to do with pro­cure­ment errors?

A lot. Bid­ders may be enti­tled to com­pen­sa­tion if con­tract­ing author­i­ties com­mit pro­cure­ment errors. In this con­text, by no means every award error leads to a lia­bil­i­ty for dam­ages. On the oth­er hand, there are cer­tain errors that reg­u­lar­ly give rise to a claim for com­pen­sa­tion — and these can involve con­sid­er­able amounts. Com­pen­sa­tion can even be claimed for lost prof­its and lost con­tri­bu­tions to cov­er gen­er­al busi­ness costs.

Can­cel­la­tion of the award pro­ce­dure

If the con­tract­ing author­i­ty can­cels the award pro­ce­dure, the pre­vi­ous­ly made bid­ding efforts were most­ly use­less. The clien­t’s oblig­a­tion to indem­ni­fy depends on whether the ter­mi­na­tion was law­ful — the effec­tive­ness of the ter­mi­na­tion, on the oth­er hand, is irrel­e­vant. The require­ments for the legal­i­ty of the annul­ment are not low, so it is gen­er­al­ly worth tak­ing a sec­ond look.

Please call us direct­ly after the can­cel­la­tion. We will check with you whether you are enti­tled to indem­ni­fi­ca­tion.

The award to the wrong per­son

You are the first-placed bid­der and your bid is exclud­ed — due to an alleged for­mal error, alleged lack of suit­abil­i­ty or alleged­ly inad­e­quate cost­ing. The con­tract is then award­ed to the run­ner-up. In such a sit­u­a­tion, con­tact us, even if you have nev­er com­plained about the clien­t’s actions. We will claim com­pen­sa­tion for the lost prof­it and the con­tri­bu­tion mar­gin to the gen­er­al busi­ness costs. Sounds com­pli­cat­ed? It isn’t.

Dam­ages as a com­po­nent of receiv­ables man­age­ment

Your goal as a bid­der should be not to give away claims for dam­ages under any cir­cum­stances. You should also col­lect small­er receiv­ables in a stan­dard­ized man­ner. We show you in which cas­es you should expect a claim and enforce your claims in a stan­dard­ized man­ner and in com­pli­ance with all dead­lines.

Typ­i­cal pro­ce­dure

  • Award error or annul­ment — report imme­di­ate­ly
  • Check basis of claim and amount of dam­age
  • Request pay­ment from the client
  • Judi­cial enforce­ment if nec­es­sary

Fre­quent­ly asked ques­tions about pro­ce­dur­al sup­port

Gen­er­al ini­tial ori­en­ta­tion — no sub­sti­tute for legal advice in indi­vid­ual cas­es.

Am I enti­tled to com­pen­sa­tion if an order was wrong­ly not placed with me?

Under cer­tain con­di­tions, yes. Pub­lic pro­cure­ment law rec­og­nizes claims for dam­ages if the con­tract­ing author­i­ty has vio­lat­ed pro­cure­ment reg­u­la­tions and the bid­der has suf­fered dam­age as a result. Whether and to what extent a claim exists is always a case-by-case ques­tion. → Have it checked now

Not manda­to­ry. Claims for dam­ages can also exist if no appli­ca­tion for review was made or the pro­ce­dure was unsuc­cess­ful. The require­ments dif­fer depend­ing on the basis of the claim.

Under cer­tain con­di­tions, yes. As a rule, this pre­sup­pos­es that you can prove that you would have been award­ed the con­tract if it had been award­ed law­ful­ly. This is often the most con­tentious issue — but does not require ver­i­fi­ca­tion as a pre­con­di­tion.

Note: No legal advice. All answers do not replace an indi­vid­ual exam­i­na­tion by a lawyer.

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    04109 Leipzig
    Germany
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